She didn't commit 38.171 as she knew those who he fired towards were not hit.AJSully421 wrote:well, congratulations, you have committed a 3rd degree felony, and admitted to it in a public internet forum. (pc 22.05 b)
The only time you have a defense to prosecution regarding shooting someone as you have described is if it is at night, and you believe that the only way that your huge trailer with identification plates and serial numbers can be recovered is by killing a human. You can technically shoot a 10 year old while running away after stealing your rake at night if you think that's the only way to get it back, but is it really worth it? (pc 9.42)
needless to say, what you did was unwarranted, unnecessary, unjustified, and most of all... A FELONY!!!!!
oh, and your wife is also in trouble for pc 38.171
Have a safe night.
I'm not sure how "illegal" the OPs actions were but I do think I would have done things differantly.